Beginning on October 13th, live-in home health care agencies will have
one-month to get their books in order and prepare to ensure that their
workers are receiving minimum wage and the overtime compensation they
are entitled to. The U.S. Supreme Court denied the agencies’ motion
for a stay of enforcement of these provisions of the Fair Labor Standards
Act, and now they have 30 days to comply.
The FLSA provides numerous requirements, including that workers receive
at least minimum wage (federal minimum wage is currently $7.25, although
it is higher in several states and cities across the country) as well
requiring that all non-exempt workers receive overtime pay at a rate of
one and one-half their standard hourly wage for all time worked in excess
of forty hours in any one work week. The Department of Labor had originally
classified home health care workers as exempt. However, a recent Supreme
Court ruling changed that, bringing home health care workers into the
fold and finding that they were not automatically excluded from minimum
wage and overtime laws.
How these protections will change the home health care environment remains
to be seen. However, it is a positive step forward to improving the working
conditions for these wage earners.
For more information, please contact the experienced
Atlanta wage and hour lawyers at Buckley Beal, LLP for an immediate consultation.